Madras High CourtWP(MD)/19107/2016dismissed

S. Karthikeyan, v. The Secretary To Government

2016-10-03Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.19107 of 2016 and W.M.P(MD)Nos.13802 and 13803 of 2016 S.Karthikeyan ... Petitioner vs.

1)The Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai-600 009.

2)The State Election Commissioner, Tamilnadu Election Commission, Chennai.

3)The District Collector, Pudukottai District, Pudukottai.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records in pursuant to the impugned notification in G.O.Ms.No.106, Rural Development and Panchayat Raj (PR-1) Department dated 16.09.2016 passed by the first respondent reserving Ward Nos.7 & 10 of Manamelkudi Panchayath Union Council, Pudukottai District for SC women and SC General and the consequential notification dated 26.09.2016 passed by the 2nd respondent and quash the same and consequently directing the respondents to declare the same for General Turn.

For Petitioner : Mr.M.Karthikeya Venkitachalapathy For Respondents : Mr.R.Karthikeyan Additional Government Pleader

ORDER

This Writ of Certiorarified Mandamus has been filed, calling for the records in pursuant to the impugned notification in G.O.Ms.No.106, Rural Development and Panchayat Raj (PR-1) Department dated 16.09.2016 passed by the first respondent reserving Ward Nos.7 https://hcservices.ecourts.gov.in/hcservices/

& 10 of Manamelkudi Panchayath Union Council, Pudukottai District for SC women and SC General and the consequential notification dated 26.09.2016 passed by the 2nd respondent and quash the same and consequently directing the respondents to declare the same for General Turn.

2.Under Article 243-O(b) of the Constitution of India, no election to any Panchayats shall be called in question, except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.

3.Therefore, this Writ Petition is dismissed and it is open to the petitioner to approach the Election Tribunal. No costs. Consequently, W.M.P(MD)Nos.13802 and 13803 of 2016 are closed. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To 1)The Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai-600 009.

2)The State Election Commissioner, Tamilnadu Election Commission, Chennai.

3)The District Collector, Pudukottai District, Pudukottai.

+1 CC TO Mr.M.KARTHIKEYA VENKITACHALAPATHY, ADVOCATE IN SR No. 59261 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 58304/2016 NBI TE/SK-SKN : 24/10/2016 : 2P/6C W.P(MD)No.19107 of 2016 and W.M.P(MD)Nos.13802 and 13803 of 2016 03.10.2016 https://hcservices.ecourts.gov.in/hcservices/